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Family Law PVL 2601 assignment 2 second semester 2023
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Question 1 Mr and Mrs Brown entered into a civil marriage without an antenuptial contract. At the time of entering into the marriage Mrs Brown was unaware of the fact that Mr Brown was already a party to another civil marriage in community of property. Mrs Brown found out about the other civil mar...

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  • July 30, 2023
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  • 2022/2023
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Family Law

PVL 2601

ASSIGNMENT 2

SECOND SEMENSTER

2023

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Question 1




Mr and Mrs Brown entered into a civil marriage without an antenuptial contract. At the time of
entering into the marriage Mrs Brown was unaware of the fact that Mr Brown was already a
party to another civil marriage in community of property. Mrs Brown found out about the other
civil marriage after the death of Mr Brown. a) What type of marriage is Mr and Mrs Brown’s
marriage? (1) b) Mrs Brown approaches you for advice. As her attorney, advise her what the
patrimonial consequences of her marriage are. In your advice, you must discuss the conflicting
case law on the issue. (9) [10]




a) Mr and Mrs Brown's marriage is likely a civil marriage in community of property, as there was

no antenuptial contract in place.




b) As Mrs Brown's attorney, I would advise her that since there was no antenuptial contract, her
marriage with Mr Brown is presumed to be in community of property. This means that all assets
and liabilities acquired before and during the marriage are shared equally between them.

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